가. 별지목록 기재 부동산 86.27㎡ 중 별지도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의...

가. 원고는 2016. 3. 3. 별지목록 기재 부동산 86.27㎡ 중 별지도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 49㎡(이하 ‘이 사건 부동산’이라 한다)을 임대보증금 8,500,000원, 월차임 935,000원(부가세 포함, 이하 같다), 임대기간 2016. 4. 2.부터 2017. 4. 1.까지, 임차인이 임차료 연체액이 2기의 임차료액에 달하는 때에는 임대인이 계약을 해지할 수 있다고 정하여 임대하였다.

B. The Defendant delayed the rent stipulated in the above lease agreement at least twice, and paid KRW 919,480 out of the rent and management fee 1,919,115 up to May 2016.

C. The plaintiff notified the termination of the above lease by serving the duplicate of the complaint of this case, and the average management fee of the above real estate is KRW 232,204.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the defendant did not pay the two-term rent under the above lease agreement, the lease contract of this case was terminated and terminated.

I would like to say.

Therefore, the Defendant is obligated to pay to the Plaintiff rent and unjust enrichment calculated by applying the ratio of KRW 99,635,00 (= KRW 1,919,115 - KRW 919,480) to KRW 1,167,204 from June 30, 2016 to the completion date of delivery of the said real estate (= KRW 935,000, KRW 232,204).

On July 29, 2016, the Defendant made an oral agreement between the Plaintiff and the Plaintiff that only one-month rent should not automatically be terminated from July 2016. Accordingly, the Defendant paid KRW 919,980 on July 29, 2016 and KRW 1,000,134 on August 31, 2016, respectively. However, the Defendant’s above assertion is without merit, since there is no evidence to acknowledge that there was such an agreement.

3. Conclusion, the plaintiff's claim is justified.